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| Court rejects bail in fake state subject case | | | EARLY TIMES REPORT
JAMMU, Jan 22: City Judge Jammu PremSagar rejected the bail application of one Ajay Kumar who was arrested by the Janipur police in FIR Number 3/2020 under section 420, 467, 468 and 471 IPC.
City Judge Jammu PremSagar observed that the case laws referred by the learned counsel for applicant hold good in ordinary cases but on the other hand seriousness of the charge is also relevant consideration while considering bail application.
The discReTion of the court termed as "Judicial DiscReTion" has to be exercised judiciously and it varies from case to case. In the present case, the applicant is a Chartered Accountant by profession and is man of prudence and was expected to act reasonably fair manner but has involved himself in getting the document / PRC for taking benefits from the Government by alleged fraudulent means. The argument of Learned Counsel regarding registration of F I R under the provisions of Indian Penal Code viz a viz special provisions for grant of PRC is not tenable as after the coming into force of Reorganization Act , there is no Special Legislation exist as on date governing to enquire about the fake PRC and its enquiry so police has no other option except to lodge F I R under the provisions of Indian penal code that too on a written complaint of Complainant. Admittedly, the investigation of the case is at initial stage. The application of the applicant is premature at this stage and cannot be considered hence rejected. Be form part of the record. JNF |
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